ORDER
11
SERVICE OF PROCESS OUT OF SINGAPORE
Cases in which service out of Singapore is permissible
(O. 11, r. 1)
1.
Provided
that the originating process does not contain any claim mentioned
in Order 70, Rule 3 (1), service of an originating process out of
Singapore is permissible with the leave of the Court if in the action —(a)
relief is sought against a person
who is domiciled, ordinarily resident, carrying on business or who
has property in Singapore;
(b)
an injunction is sought ordering the
defendant to do or refrain from doing anything in Singapore (whether
or not damages are also claimed in respect of a failure to do or
the doing of that thing);
(c)
the claim is brought against a person
duly served in or out of Singapore and a person out of Singapore
is a necessary or proper party thereto;
(d)
the claim is brought to enforce, rescind,
dissolve, annul or otherwise affect a contract, or to recover damages
or obtain other relief in respect of the breach of a contract, being
(in either case) a contract which —(i)
was made in Singapore, or was made
as a result of an essential step being taken in Singapore;
(ii)
was made by or through an agent trading
or residing in Singapore on behalf of a principal trading or residing
out of Singapore;
(iii)
is by its terms, or by implication,
governed by the law of Singapore; or
(iv)
contains a term to the effect that
that Court shall have jurisdiction to hear and determine any action
in respect of the contract;
(e)
the claim is brought in respect of
a breach committed in Singapore of a contract made in or out of
Singapore and irrespective of the fact, if such be the case, that
the breach was preceded or accompanied by a breach committed out
of Singapore that rendered impossible the performance of so much
of the contract as ought to have been performed in Singapore;
(f)
(i)
the claim is founded on a tort, wherever
committed, which is constituted, at least in part, by an act or
omission occurring in Singapore; or
(ii)
the claim is wholly or partly founded
on, or is for the recovery of damages in respect of, damage suffered
in Singapore caused by a tortious act or omission wherever occurring;
(g)
the whole subject-matter is immovable
property situate in Singapore (with or without rents or profits)
or the perpetuation of testimony relating to immovable property
so situate;
(h)
the claim is brought to construe,
rectify, set aside or enforce an act, deed, will, contract, obligation
or liability affecting immovable property situate in Singapore;
(i)
the claim is made for a debt secured
on immovable property or is made to assert, declare or determine
proprietary or possessory rights, or rights of security, in or over
movable property, or to obtain authority to dispose of movable property,
situate in Singapore;
(j)
the claim is brought to execute the
trusts of a written instrument, being trusts that ought to be executed
according to the law of Singapore and of which the person to be
served with the originating process is a trustee, or for any relief
or remedy which might be obtained in any such action;
(k)
the claim is made for the administration
of the estate of a person who died domiciled in Singapore or for
any relief or remedy which might be obtained in any such action;
(l)
the claim is brought in a probate
action within the meaning of Order 72;
(m)
the claim is brought to enforce any
judgment or arbitral award, or any adjudication determination within
the meaning of the Building and Construction Industry Security of
Payment Act (Chapter 30B);
(n)
the claim is made under the Corruption,
Drug Trafficking and Other Serious Crimes (Confiscation of Benefits)
Act (Chapter 65A), the Terrorism (Suppression of Financing) Act
(Chapter 325) or any other written law;
(o)
the claim is a restitutionary one
(including a claim for quantum meruit or quantum valebat) or for
an account or other relief against the defendant as trustee or fiduciary,
and the defendant's alleged liability arises out of any act
done, whether by him or otherwise, in Singapore;
(p)
the claim is founded on a cause of
action arising in Singapore;
(q)
the claim is for a contribution or
an indemnity in respect of a liability enforceable by proceedings
in Singapore;
(r)
the claim is in respect of matters
in which the defendant has submitted or agreed to submit to the
jurisdiction of the Court; or
(s)
the claim concerns the construction,
effect or enforcement of any written law.
Manner of application (O. 11, r. 2)
2.
—(1)
An
application for the grant of leave under Rule 1 must be made by
ex parte summons supported by an affidavit in Form 7 stating —(a)
the grounds on which the application
is made;
(b)
that in the deponent’s belief
the plaintiff has a good cause of action;
(c)
in what place or country the defendant
is, or probably may be found;
(d)
where the application is made under
Rule 1 (c), the grounds for the deponent’s
belief that there is between the plaintiff and the person on whom
an originating process has been served a real issue which the plaintiff
may reasonably ask the Court to try; and
(e)
whether it is necessary to extend
the validity of the writ.
(2)
No such leave shall be granted unless
it shall be made sufficiently to appear to the Court that the case
is a proper one for service out of Singapore under this Order.
(3)
An order granting leave under Rule
1 shall be in Form 8 and shall allow the defendant 21 days to enter
an appearance unless the Court otherwise orders or any written law
provides.
Service of originating process abroad: Alternative
modes (O. 11, r. 3)
3.
—(1)
Subject
to paragraphs (2) to (8), Order 10, Rule 1, and Order 62, Rule 5, shall
apply in relation to the service of an originating process out of
Singapore.
(2)
Nothing in this Rule or in any order
or direction of the Court made by virtue of it shall authorise or
require the doing of anything in a country in which service is to be
effected which is contrary to the law of that country.
(3)
An originating process which is to
be served out of Singapore need not be served personally on the
person required to be served so long as it is served on him in accordance
with the law of the country in which service is effected.
(4)
Where a certificate under this Rule
is produced in relation to the service of an originating process
in accordance with Rule 4 or 7, Order 10, Rule 1 (4), shall not apply
in relation to that service.
(5)
An official certificate stating that
an originating process as regards which Rule 4 has been complied
with has been served on a person personally, or in accordance with
the law of the country in which service was effected, on a specified
date, being a certificate —(a)
by a Singapore consular authority
in that country;
(b)
by the government or judicial authorities
of that country; or
(c)
by any other authority designated
in respect of that country, under the Hague Convention,
shall be evidence of the facts so stated.
(6)
An official certificate by the Minister
stating that an originating process has been duly served on a specified
date in accordance with a request made under Rule 5 shall be evidence
of that fact.
(7)
A document purporting to be such a
certificate as is mentioned in paragraph (4) or (5) shall, until
the contrary is proved, be deemed to be such a certificate.
(8)
Where the defendant is in Malaysia
or Brunei Darussalam, the originating process —(a)
may be served in accordance with Rule
4; or
(b)
may be sent by post or otherwise by
the Registrar to the Magistrate, Registrar or other appropriate
officer of any court exercising civil jurisdiction in the area in
which the person to be served is said to be or to be carrying on business
for service on the defendant, and if it is returned with an endorsement
of service and with an affidavit of such service, it shall be deemed
to have been duly served.
Service of originating process abroad through foreign
governments, judicial authorities and Singapore consuls or by other
method of service (O. 11, r. 4)
4.
—(1)
Where
in accordance with these Rules an originating process is to be served
on a defendant in any country with respect to which there subsists
a Civil Procedure Convention providing for service in that country
of process of the High Court, the originating process may be served —(a)
through the judicial authorities of
that country; or
(b)
through a Singapore consular authority
in that country (subject to any provision of the convention as to
the nationality of persons who may be so served).
(2)
Where in accordance with these Rules
an originating process is to be served on a defendant in any country
with respect to which there does not subsist a Civil Procedure Convention
providing for service in that country of process of the High Court,
the originating process may be served —(a)
through the government of that country,
where that government is willing to effect service;
(b)
through a Singapore consular authority
in that country, except where service through such an authority
is contrary to the law of that country; or
(c)
by a method of service authorised
by the law of that country for service of any originating process
issued by that country.
(3)
Where a person wishes to serve an
originating process in any country —(a)
through the judicial authorities of
that country under paragraph (1);
(b)
through a Singapore consular authority
under paragraph (1) or (2); or
(c)
through the government of that country
under paragraph (2),
that person must file in the Registry
a request in Form 9 for service of the originating process by that
method, together with a copy of the originating process and an additional
sealed copy thereof for each person to be served.
(4)
Every copy of an originating process
served pursuant to paragraph (2) (c) or filed
under paragraph (3) must be accompanied by a translation of the
originating process in the official language of the country in which
service is to be effected or, if there is more than one official
language of that country, in any of those languages which is appropriate
to the place in that country where service is to be effected:
Provided that this paragraph shall
not apply in relation to a copy of an originating process which
is to be served in a country the official language of which is,
or the official languages of which include, English, or is to be
served in any country by a Singapore consular authority on a Singapore
citizen, unless the service is to be effected under paragraph (1)
and the Civil Procedure Convention with respect to that country
expressly requires the copy to be accompanied by a translation.
(5)
Every translation served or filed
under paragraph (4) must be certified by the person making it to
be a correct translation; and the certificate must contain a statement
of that person’s full name, of his address and of his qualifications
for making the translation.
(6)
Documents duly filed under paragraph
(3) shall be sent by the Registrar to the Permanent Secretary to
the Ministry of Foreign Affairs with a request that he arrange for
the originating process to be served by the method indicated in
the request filed under paragraph (3) or, where alternative methods
are so indicated, by such one of those methods as is most convenient.
Service of originating process in certain actions
under certain written law (O. 11, r. 5)
5.
—(1)
Where
a person to whom leave has been granted under Rule 2 to serve an originating
process on a High Contracting Party to the Warsaw Convention, being an
originating process beginning an action to enforce a claim in respect
of carriage undertaken by that Party, wishes to have the originating
process served on that Party, he must file in the Registry —(a)
a request for service to be arranged
by the Minister;
(b)
a sealed copy of the originating process;
and
(c)
except where the official language
of the High Contracting Party is, or the official languages of that
Party include, English, a translation of the originating process
in the official language or one of the official languages of the
High Contracting Party.
(2)
Rule 4 (5) shall apply in relation
to a translation filed under paragraph (1) as it applies in relation
to a translation filed under Rule 4 (4).
(3)
Documents duly filed under this Rule
shall be sent by the Registrar to the Permanent Secretary to the
Ministry of Foreign Affairs with a request that he arrange for the
originating process to be served on the High Contracting Party or
the government in question, as the case may be.
Undertaking to pay expenses of service incurred by
Minister (O. 11, r. 6)
6.
Every
request filed under Rule 4 (3) or 5 must contain an undertaking
by the person making the request to be responsible personally for
all expenses incurred by the Minister in respect of the service
requested and, on receiving due notification of the amount of those
expenses, to pay that amount to the office of the said Minister and
to produce a receipt for the payment to the proper officer in the
Registry.
Service of process on a foreign State (O. 11, r.
7)
7.
—(1)
Subject
to paragraph (2) where a person to whom leave has been granted under
Rule 2 to serve an originating process on a State, as defined in
section 16 of the State Immunity Act (Chapter 313), wishes to have
the originating process served on that State, he must file in the
Registry —(a)
a request for service to be arranged
by the Permanent Secretary to the Ministry of Foreign Affairs;
(b)
a sealed copy of the originating process;
and
(c)
except where the official language
of the State is, or the official languages of that State include,
English, a translation of the originating process in the official
language or one of the official languages of the State.
(2)
Rule 4 (5) shall apply in relation
to a translation filed under paragraph (1) as it applies in relation
to a translation filed under Rule 4 (4).
(3)
Documents duly filed under this Rule
shall be sent by the Registrar to the Permanent Secretary to the
Ministry of Foreign Affairs with a request that he arrange for the
originating process to be served on the State or the government
in question, as the case may be.
(4)
Where section 14 (6) of the State
Immunity Act applies and the State has agreed to a method of service
other than that provided by this Rule, the originating process may
be either by the method agreed or in accordance with this Rule.
Service of summons, notice or order out of Singapore
(O. 11, r. 8)
8.
—(1)
Subject
to Order 69, Rule
10, service out of Singapore of any summons, notice or order
issued, given or made in any proceedings is permissible only with
the leave of the Court but leave shall not be required in any proceedings
in which leave for service of the originating process has already
been granted.
S 637/2006, wef 01/01/2007
(2)
Rule 2 shall, so far as applicable,
apply in relation to an application for the grant of leave under
this Rule.
(3)
Rules 3, 4 and 6 shall apply in relation
to any document for the service of which out of Singapore leave
has been granted under this Rule as they apply in relation to an
originating process.
Service abroad of Subordinate Courts documents (O.
11, r. 9)
9.
—(1)
An
originating process issued in the Subordinate Courts which is to
be served out of Singapore in a country, other than Malaysia or
Brunei Darussalam, shall be sent by the Registrar of the Subordinate
Courts to the Registrar of the Supreme Court and shall be served
in accordance with these Rules relating to the service out of Singapore
of an originating process issued in the Supreme Court.
(2)
Every certificate of service received
by the Registrar of the Supreme Court in respect of such service
shall be transmitted by him to the Registrar of the Subordinate
Courts.